Department of the Navy Memorandum: Actions to Implement COVID-19 Vaccine Rescission — U.S. Navy SEALs 1-26 v. Biden (Dkt. 230.2)

Summary

A Department of the Navy memorandum titled Department of the Navy Actions to Implement Coronavirus Disease 2019 Vaccine Rescission, filed 02/28/23 as Document 230-2 in Case 4:21-cv-01236-O and addressed to the Commandant of the Marine Corps, the Chief of Naval Operations and others. It states that on 10 January 2023 the Secretary of Defense rescinded the COVID-19 vaccine mandate and that all COVID-19 vaccine mandates directed by subordinate echelons are canceled as of that date. It directs that accommodation requests solely for exemption from the vaccine be considered closed, and that adverse information related to vaccine refusal be removed from service records. The memorandum closes with the name Carlos Del Toro.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors. Page 1 of 3 is not shown because the text could not be recognized reliably.

Aeon: WASHINGTON, D.C. 20350-1000

FEB 2 4 2023

MEMORANDUM FOR COMMANDANT OF THE MARINE CORPS
CHIEF OF NAVAL OPERATIONS
ASSISTANT SECRETARIES OF THE NAVY
GENERAL COUNSEL OF THE NAVY
JUDGE ADVOCATE GENERAL OF THE NAVY

SUBJECT: Department of the Navy Actions to Implement Coronavirus Disease 2019 Vaccine
Rescission

Reference: (a) Secretary of Defense Memorandum, “Rescission of August 24, 2021 and
November 30, 2021 Coronavirus Disease 2019 Vaccination Requirements for
Members of the Armed Forces”
(b) ALNAV 009/23, “Rescission of COVID-19 Vaccination Requirement for
Members of the Armed Forces”, January 20, 2023

On 10 January 2023, Secretary of Defense (SECDEF) rescinded the COVID-19 vaccine
mandate across the Department of Defense in reference (a). Accordingly, I am canceling all
COVID-19 vaccine mandates directed by subordinate echelons of command within the
Department of the Navy as of that same date. Further, in reference (b), you were directed to
cease separating Sailors or Marines for refusal to receive the COVID-19 vaccination if those
members had sought accommodation for religious, medical, or administrative reasons.

For those currently serving Sailors or Marines who previously submitted an
accommodation request or appeal solely for exemption from the COVID-19 vaccine, you will
consider those requests or appeals closed and return them without action. Such members will
remain in service with no adverse action related to the COVID-19 vaccine refusal. For those
religious accommodation requests that seek relief from the COVID-19 vaccine in addition to
other mandatory vaccines, you will return those requests to the Sailor or Marine and engage with
that member to ensure the remaining issues are properly focused and to determine how to
proceed. These Sailors and Marines have the option to withdraw their religious accommodation
request, or the appeal of that request if previously denied, or submit additional information that
might support their request, but they are not required to do so. Requests that have been
substantially processed may continue to be processed in those instances in which the Sailor or
Marine’s remaining issues are clearly understood and ready for resolution, or you may return the
request to an earlier stage of the review for further effort to resolve the Sailor or Marine’s
request, at your discretion.

You will ensure the review of the records of all currently serving Service Members who
sought and were subsequently denied an exemption from the COVID-19 vaccination. The
service records for those Sailors and Marines so identified shall be reviewed and any adverse
information related to their COVID-19 vaccine refusal shall be removed from the service record.
All additional records corrections, including those for members who were denied an exemption
and were discharged, may be reviewed, at the request of such members or veterans, if he or she
chooses to petition the Board for Correction of Naval Records. You are hereby directed to
Case 4:21-cv-01236-O Document 230-2 Filed 02/28/23 Page 3of3 PagelD 7725

SUBJECT: Department of the Navy Actions to Implement Coronavirus Disease 2019 Vaccine
Rescission

modify future selection board convening orders and precepts to include language ensuring the
boards do not consider any adverse information related solely to COVID-19 vaccine refusal in
cases in which an accommodation was requested.

The Department of the Navy remains committed to protecting our people. I expect you to
clearly communicate the processes and procedures of this memorandum and references (a) and
(b) to your Sailors and Marines, and provide any necessary amplifying guidance. The
Commandant of the Marine Corps and the Chief of Naval Operations will report back to me
within 30 days of the date of this memorandum to provide the process, timeline and status of

your reviews.

Carlos Del Toro

ce:
ACMC
VCNO
DUSN
AUDGEN
CHINFO
DMCS
DNS

JAG
DON CIO
NAVIG
NCIS
OCMO
OLA
OSBP
Echelon 1 and 2 commands


File and source

File

gov.uscourts.txnd.355696.230.2.pdf

Size

150,709 bytes

SHA-256

57a8701a692726baf80eaa4fb39c0451e852c9f309756667f1858a7c6bd3c27c

Our copy

gov.uscourts.txnd.355696.230.2.pdf

Original

No public link identified.